Rules & Regulations




AUTHORITY

Pursuant to the provisions in the Declarations of the Conditions, Covenants, and Restrictions, hereinafter referred to as the C. C. & R’s, Article III Section 3.9 of the By-Laws titled “Powers and Duties” of the Board and Section 3.9.3 the Board of Directors hereby adopts and promulgates these Rules and Regulations. Sections 3.9.7, 4.1, 5.6 of the Association By-Laws and Section 12.8 of the Declaration of the Association are established to authorize the publication of the Rules and Regulations as Association documents.

The Board of Directors has the right to suspend the use and enjoyment of any provisions of the Declaration by the Owner, or his family, or guests and may levy fines as determined by the Board of Directors.  To enforce the rules and regulations and the provisions of this document, the Association or any Owner may bring an action for specific performance, declaratory decree or injunction, and the successful prevailing party may recover its costs and attorneys’ fees in such suit.

The Board of Directors hereby delegates authority to the Architectural Review Board and its members or designee, to carry out the responsibilities of supervision for compliance of these adopted Rules and Regulations of the Association.

All or any Association Rules and Regulation may be amended or repealed by the Board of Directors.

These Rules and Regulations supersede any Rules and Regulations revised or distributed by the Association prior to date certified within this Document.

CERTIFICATION
I hereby certify that the foregoing Rules and Regulations were duly adopted by the Board of Directors of the Association on the 21st day of November, 2005
Karolyn Switzer      
Secretary of Association



INTRODUCTION

The Payson Pines Homeowners Association, Inc., Board of Directors and the Officers of the Association are resolved to protect the rights and privileges of all Association members and to promote fair and equitable use of all properties for the benefit of Association members and their guests.  It is the responsibility of each Association member to make their family, guests or tenants aware of these Rules and Regulations and to ensure their compliance when using any facilities within a member’s parcel as well as the Community Common Area within the Association.

Each Association member, tenants, family members, and authorized guests shall be responsible for their own safety and well being.  All persons using Association common Areas within the Payson Pines Association do so at their own risk.  The Association assumes no responsibility for injuries, damages or loss to individuals or the private property of an individual.  Members will be held financially responsible for damage to any Community Common Area within the Payson Pines Development caused by them, members of their family, their guests or tenants through theft, vandalism or any rules violation with fines imposed.


RANGE OF PENALITIES

The Association has found that a static fine schedule is not as effective as a flexible range of penalties in encouraging proper conduct. The Association does not want individuals to believe they can simply pay to violate the rules nor does the Association want the fines structure to be so rigid that it cannot consider mitigating factors.  Accordingly, the Association has adopted a range of penalties.  Any violation of these Rules and Regulations is subject to a penalty of up to one thousand dollars ($1,000.00) for each violation.

The Association has delegated the authority to conduct initial hearings on alleged violations to the Architectural Review Board.  Members may appeal a decision of the ARB by submitting a written statement to the Association asking the Board of Directors to review the matter.  Any such appeal should be submitted to the Association, in writing, not later than fifteen (15) days after the written notice of the decision of the Architectural Review Board.

In determining what range of penalties to impose following a determination of a rules violation, both the ARB in the first instance, and the Board of Directors, on appeal, will consider a variety of factors relative to any violation, including:

1.Whether the violation was in interference with Association Officers performing their duties;
2.The severity of the violation;
3.Prior/subsequent incidents;
4.Prior fines;
5.Prior warnings;
6.Any personal injury resulting from the misconduct;
7.Any property damage resulting from the misconduct;
8.Interference with the enjoyment of other residents;
9.The attitude of the violator; and
10.      Any mitigating circumstances.

The penalties set forth in these Rules and Regulations are not exclusive, and the Board of Directors may, in its sole discretion, determine that it is appropriate to take other actions to protect the Association and/or enforce its governing documents, including, but not limited to, proceeding with the initiation of legal action to compel compliance.



AMENDMENTS

The Board of Directors of the Payson Pines Homeowners Association, Inc may amend these Rules and Regulations from time to time as pursuant to Article VIII, Section 8.2 of the Declaration of the Association.

Amendments shall be implemented using a replacement page method.  Under the replacement page method, pages that are affected by an amendment (i.e. language which appears on a page has been changed) shall be replaced with a new page which has the changes incorporated.


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This set of Rules and Regulations adopted by the Board of Directors at the open meeting of the Board of Directors for the Payson Pines Homeowners Association, Inc. on: __________________________ .



I.COMMUNITY

A.GENERAL RULES INFORMATION

Use of Payson Pines Community Common Areas within the Development and all areas of access to these common areas are to be used and enjoyed by the following persons:

1.Property Owners:
Owners of a parcel or residential unit within the boundaries of the Payson Pines Development are subject to the rules and privileges of the Association Properties as established by the Board of Directors of the Association.

2.Resident Tenants:
All Tenants who lease or rent a residential unit within the boundaries of the Payson Pines Development are subject to the same privileges and rules of enjoyment as the property owners.

3.Guests:
Pursuant to the powers stated above, the Board of Directors grants the same privileges to all guests, which are residing with a Property owner, or Resident Tenant within the Development of Payson Pines and within the Association qualifications for membership.


II.SPECIFIC RULES AND REGULATIONS:

2.1MEMBERSHIP RIGHTS
No member of the Association shall authorize the use of any Association facilities or common area to a person or persons not under their direct control or responsibility.

2.2USE OF EQUIPMENT
Use of skateboards, roller skates, bicycles, scooters, roller blades, powered devices, by gasoline, electric or other fuels, and other similar devices within the Development of Payson Pines is restricted to those areas where permitted and not within the common area and those areas where there use will not create a hazard or nuisance.

2.3USE OF MOTORIZED VEHICLES
Movement of vehicles, motorcycles, golf carts, all terrine vehicles, or other power devices within the Payson Pines Development shall be limited to the posted limit at all times and shall not be permitted on any property under the control of the Association. 

2.4DELEGATED AUTHORITY
The Board of Directors has delegated authority to the ARB Committee as representatives of the Association to supervise all documents of the Association to maintain order, ensure safety, and comfort of all occupants and owners of Payson Pines Homeowners Association.

2.5MEMBER CONDUCT
Aggressive and/or threatening conduct directed at an Association representative during the performance of their Association duties is not permitted and could result in loss of all privileges and fines assessed as imposed by the Board of Directors.

2.6FIREARMS
Discharging a firearm, BB gun, Pellet gun, or using a slingshot to propel missiles of any description, or using a bow and arrows within the Association Community or Common Areas of Payson Pines Developments is prohibited.

2.7FIREWORKS
The use of fireworks within the Payson Pines Development or Common Area is prohibited at all times.

2.8GENERAL CONDUCT
Fighting, drunkenness, urination, defecation, cursing, loud music, or other activities that may be or become a nuisance to members of the Association is prohibited at all times.

2.9GARAGE SALES
Each residence may have one (1) three (3) maximum garage sale, estate sale, etc., every six (6) months.  All of these sales will require permission, in writing, from the ARB Committee.  These sales must be for the sole purpose of the property owners or tenant who reside within the Payson Pines Developments.  All signs pertaining to personal sales listed above shall be removed from posted locations by 6:00 p.m. on the last authorized day of the sale.

2.10POLLUTION
Any and all pollution that would drain into any storm drain or other area that drains into the Common Area, Retention Basins, or any other area of Association or Town of Payson control is prohibited at all times.


III.ASSOCIATION

3.1MEMBERS
Every Owner of a parcel or residence within the Payson Pines Developments shall be a mandatory Member of the Payson Pines Homeowners Association, Inc.

3.2VOTING RIGHTS
The Payson Pines Homeowners Association, Inc. shall have only one class of voting membership.  One vote, for each parcel owned.


IV.OWNER’S RIGHTS, RESPONSIBILITIES, AND EASEMENTS

4.1DAMAGE OF DESTRUCTION
Damaged or destroyed Association property by an Owner or any of their guests, tenants, invitees, or agents, employees or members of their family as a result of negligence or misuse, such Owner hereby authorizes the Association to repair the damage and the cost of such repairs shall be the responsibility of the Owner.

4.2RULES
The Board of Directors of the Association shall have the right to adopt rules and regulations governing the use of the Common Roads, access roads and Common Areas of the Development.

4.3DRAINAGE
Under no circumstances shall an Owner alter or obstruct existing drainage channels on the Property, before, during or after the construction of a home on any Parcel.


V.COMMON PROPERTY, YARDS AND SERVICES

5.1MAINTENANCE
The Association shall be responsible for the exclusive management and control of the Common Property and shall keep same in good, clean, attractive and sanitary condition and repair.

5.2LANDSCAPING
The Association shall maintain such improvements and the cost thereof shall be paid as a General Assessment.  In the event any such improvements installed by the Association are damaged or destroyed by an Owner in connection with construction or improvements on the Parcel, the Owner shall pay the cost of repair and restoration as a Parcel Assessment.

5.3OWNER’S RESPONSIBILITY
Each Owner shall keep all parts of their Parcel in good order and clean and free of all debris.  Each Owner shall be responsible for the periodic restoration, repainting of doors and trim, re-staining of the exterior of the residence.  The stain required for use shall be a translucent colored stain approved by the ARB Committee with colors approved by the Association Board of Directors.

5.4UTILITIES
Each Parcel shall be supplied with connections for water, sewer, electricity, telephone and cable television systems.  The Owner is responsible for all cost associated with their service.

5.5TRASH COLLECTION
Each Parcel shall have trash collection as supplied by the Town of Payson or its designee and Homeowner shall be responsible for the costs thereof.


VI.COVENANTS FOR MAINTENANCE ASSESSMENTS

REFER TO THIS SECTION WITHIN THE DECLARATION OF THE ASSOCIATION DOCUMENTS.


VII.ARCHITECTURAL CONTROL

7.1CONSTRUCTION SUBJECT TO ARCHITECTURAL CONTROL
No construction, modification, alteration or improvement of any nature whatsoever, except for interior alterations not affecting the external structure or appearance of any Residence, shall be undertaken on any Parcel unless approval in writing, by the ARB, has been granted.

7.2APPLICATION
The documents, materials and items to be submitted to the ARB for approval shall include:
*Construction plans and specifications,
*Landscaping plans,
*Elevation or rendering of all proposed improvements,
*Samples of materials, trim paint, product name, type, and color of stain to be used,
*Other items as the ARB may deem appropriate.

No construction on any Parcel or Property shall be commenced until a “Project Request Form” has been obtained, filled out, submitted to the ARB Committee, approved, and returned to the Property Owner. Without completing these procedures, the Board of Directors is under no obligation to consider a project appeal unless that appeal is accompanied by a request from the ARB Chairman and the homeowners initial Project Request Form as submitted to the ARB Committee.

a)Type of Stain and Color
The type of stain recommended is “Superdeck Log Home Oil Finish”, Golden Honey (7200) or Autumn Brown (7300) in color or equal type of product of another manufacture that has the same properties as the product recommended.  Under no circumstances shall the re-staining of a residence be of a solid color stain product.  All Stains must be of a translucent charter and must be an oil base product.

7.3LIABILITY
Approval by the ARB of an application by an Owner shall not constitute a basis for any liability of the members of the ARB, the Board of Directors or the Association for any reason.  If plans should require building construction permits from the authority having jurisdiction, it shall be the responsibility of the Owner to obtain all necessary permits required for the project.



VIII.USE OF PROPERTY

8.1PROTECTIVE COVENANTS
In order to keep the Property a desirable place to live for all Owners, the following protective covenants are made a part of this document.

a)Parcel Re-subdivision
No parcel shall be further subdivided or separated into smaller Parcels by any Owner unless governmental approval is obtained and approved.

b)Residential Use
Each Parcel shall be used, improved and devoted exclusively to a single family residential use and for no commercial purpose or use.  No time-share of any Parcel is permitted.

c)Nuisances; Other improper Use
No nuisance shall be permitted to exist on any Parcel or Common Property so as to be detrimental to any other Parcel or its occupants.  No immoral, offensive, or unlawful use shall be made of the Property of any part thereof.  All laws, zoning ordinances, orders, rules, regulations, or requirements of any governmental agency having jurisdiction shall be complied with at all times.

d)Insurance
Nothing shall be done or kept in any residence, yard, and parcel or in the Common Property, which will increase the rate of insurance for any other parcel.

e)Fencing
Owners shall not be permitted to erect perimeter fencing anywhere on the Parcel without express prior written permission of the ARB.  The ARB approval of fencing shall take into consideration the atheistic quality of the adjoining neighbors and property as a whole.  No metal fencing or cement block walls, designed as a fence, of any height shall be permitted on any parcel.

f)Pets
An owner or occupant of a parcel may keep pets, but only if such pets do not constitute a nuisance on the property.  All pets must be held or kept leashed or otherwise appropriately restrained at all times that they are in the Common Property of the Association.  Owners of pets shall be held strictly responsible to immediately collect and properly dispose of the waste and litter of their pets.  Any pets not in the control of the owner will be referred to Animal Control for proper detention.

g)Signs
No sign, advertisement, or notice of any type or nature whatsoever including, without limitation, “For Sale” and “For Lease” signs shall be erected or displayed upon any Parcel Residence, Yard, Common Property or from any residence window, unless express prior written approval of the size, shape, content, appearance and location has been obtained from the ARB.

h)Parking
No vehicles, or equipment of any kind may be parked on any part of the Property not designed for vehicle traffic.  Only motorized vehicles bearing current license and registration tags, as required pursuant to state law, shall be permitted on that part of the property designed for vehicle traffic. No recreational vehicle of any kind, motorized or other wise shall be stored, parked, or used for lodging of any persons for any purpose at any time.  All recreational vehicles may be parked in the street or driveway in front of the owner’s residence only. A time limit of no more than 24 hours for the purpose of loading and unloading of material and supplies or charging operational equipment within the vehicle from an outside source.  Successive overnight parking for any type of recreational vehicle or trailer is not permitted.  Exceptions to the above must be requested from a member of the ARB Board.
Section VIII (Use of Property), Article (h) (Parking), amended on 7/1/2007, as approved by the HOA Board of Directors

i)Visibility at street intersections
No obstruction to visibility at street intersections shall be permitted.

j)Clotheslines
No clotheslines or other clothes-drying facility shall be permitted on the property visible from any road or any other Parcel

k)Garbage and Trash Containers
All garbage and trash containers must be stored so as to not be visible from the street.  No part of the parcel shall be used for the dumping or storage of refuse.  All trash and garbage containers shall not be placed at the curb for pick-up no more than 24-hrs prior to collection, and shall be removed from the curb no later than 24-hrs after pick-up.

l)Antennae and other Devices
Subject to applicable federal guidelines the use of satellite dishes and antennae shall be reviewed and the location for installation be approved by the ARB.  Unless prior written approval has been obtained by a “Project Request Form” from the ARB, no exterior radio or television antenna, satellite dish or other receiving or transmitting device, antenna or aerial, solar panel or other solar collector, windmill or any similar exterior structure or apparatus may be erected or maintained anywhere within the property.  No Antennae or satellite dish shall be readily visible from the street in front of the Parcel.

m)Window Air Conditioners
No window air conditioning unit shall be installed or permitted in any of the Residences without the prior written approval of the ARB.

n)Temporary Structures
No structure of a temporary character, including, without limitation, any travel trailer, Pop-up trailer, utility trailer, tent, shack, barn, shed, or other outbuilding, shall be permitted on any Parcel at any time, except temporary structures maintained for the purpose of construction.

o)Oil and Mining Operations
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Parcel at any time for any purpose.

p)Water supply and Sewerage
No individual well or septic tank will be permitted on any Parcel at any time for any reason.

q)Fuel Storage Tanks
No fuel or gasoline storage tanks shall be permitted on any Parcel at any time for any reason.

r)Soliciting
No soliciting will be allowed at any time for any reason.

s)Trees
No trees shall be cut or removed from the Property or new trees planted without approval of the ARB, which may be conditioned upon such factors as the Owner’s mitigation and overall landscape plans for the Parcel.

u)Hazardous Materials
No hazardous or toxic materials or pollutants shall be discharged, maintained, stored, released or disposed of on the Property.

v)Leasing
Owners at this time are permitted to lease their Residences on such terms and conditions as they may determine, provided however, all tenants shall be required to comply with all terms and conditions of the Declarations, By-Laws and these Rules and Regulations.
1)  Requirements
No lease/rental agreement of property shall be for less than 180 days.  It shall be the responsibility of the owner/landlord/agent to provide the HOA Board with the name of the tenant, the tenant’s contact telephone number(s), the term of the lease (dates), the owner/landlord/agent address and telephone number(s) and to provide the tenant copies of the CC & R’s, the By-Laws, and the Rules and Regulations of the Payson Pines Homeowners Association, Inc.
This information shall be provided on the approved form (Leasing of Property Requirements), page 9 of this document, to the HOA Board no later than 7 days from the beginning of the lease/rental agreement. Failure by the owner/landlord/agent to provide the requested information within the time period will result in a monetary penalty described in sub-section 2 of this section.
2)Monetary Penalty
It shall be the policy of the Board of Directors of the Payson Pines Homeowners Association, Inc. to impose a penalty of $10.00 per day, per infraction, for violations of Article VIII, Section 8.1, Sub-section V.1 of the Rules and Regulations of the Payson Pines Homeowners Association, Inc.
The penalty of $10.00 per day, per infraction, shall begin following the 7 day requirement or when the HOA Board determines that the property is in noncompliance, and will terminate when owner/landlord/agent brings said property into compliance with the requirements of this sub-section. At that time the penalty will cease and be removed from the property.
Section VIII (Use of Property), Article (V) (Leasing), amended on 1/22/2007, adding Sub-Section 1-2 as approved by the HOA Board of Directors

(w)Flammable, combustible or explosive materials
The use of any device that will project an explosive material into the air or across the ground that may be considered combustible or flammable is prohibited in the community of Payson Pines whether within the common area or on a parcel.

(x)Basketball goals and Backboards
Only Basketball Goals mounted on a designed pole which can be moved and stored upon the Parcel from the street side of the parcel will be permitted for use within the Payson Pine community.  Said Goals shall be removed from the front side of the Parcel when not in use and may not be stored on the street side of the parcel.  Basketball backboards may not be mounted on a structure within the parcel.

8.3COMPLIANCE

It shall be the responsibility of all Owners, family members of Owners, and their authorized guests and tenants to conform with and abide by the Rules and Regulations in regard to the use of the Residences, Yards, Parcels and Common Property which may be adopted in writing from time to time.

Upon violation of any of the Rules and Regulations adopted as herein provided, or upon violations of any of the provisions of the Declaration and By-Laws of the Association, the Association may levy fines as determined by the Board of Directors. To enforce the Rules and Regulations and the Provisions of the Declaration and the Rules and Regulations of the Association, the Association or any Owner may bring an action for specific performance, declaratory decree or injunction, and the successful prevailing party may recover its costs and attorneys’ fees in such suit.

The Board of Directors shall have the right to waive the application of one or more of these restrictions or to permit a deviation from these restrictions as to any portion of the Property where, in the discretion of the Board, circumstances exist which justify such waiver or deviation.


SECTION 12.8RULES AND REGULATIONS

ALL OWNERS SHALL COMPLY WITH THE RULES AND REGULATIONS ADOPTED AND AMENDED FROM TIME TO TIME BY THE BOARD OF DIRECTORS.  SUCH RULES AND REGULATIONS SHALL BE FOR THE PURPOSE OF ELABORATION AND ADMINISTRATION OF THE PROVISIONS OF THE DECLARATION AND SHALL RELATE TO THE OVERALL DEVELOPMENT OF THE PROPERTY.

FINE SCHEDULE FOR VIOLATIONS OF ANY RULES AND REGULATIONS:

As directed by the By-Laws under Article 3, Section 3.9.19 titled Powers and Duties, this fee schedule to impose fines, after notice and an opportunity to be heard, for violations of the Declaration, By-Laws, Rules and Regulations, and the Architectural Rules of the Payson Pines Homeowners Association are hereby established.

FIRST NOTICE:
A Notice of violation is sent to the resident or homeowner explaining the infraction of the rules and what necessary steps are required to correct the violation.  This notice will also state which Article and Section of the documents they are in violation of and the amount of time the resident or homeowner has to come in compliance with the rules and regulations.

TIME PERMITED FOR CORRECTION:  10-DAYSEXTENSION OF TIME CAN BE GRANTED BASED ON THE TIME REQUIRED TO CORRECT THE VIOLATION.

SECOND NOTICE:
A second Notice will be sent to the resident or homeowner on the next working day after the first notice time period has expired.  This notice will draw to the attention of the resident or homeowner that they are being issued this “Second Notice” of violation and that a fine is being imposed with this notice for non-compliance with the First Notice.

ADDITIONAL TIME PERMITTED FOR CORRECTION:  10-DAYSEXTENSION OF TIME CAN BE GRANTED BASED ON THE TIME REQUIRED TO CORRECT THE VIOLATION.     FINE AMOUNT:  $50.00

THIRD NOTICE:
A third Notice will be sent to the resident or homeowner on the next working day after the second notice time period has expired.  This notice will draw to the attention of the resident or homeowner that they are being issued this “Third Notice” of violation and that an additional fine is being imposed with this notice for non-compliance with the Second Notice.

ADDITIONAL TIME PERMITTED FOR CORRECTION:  10-DAYSEXTENSION OF TIME CAN BE GRANTED BASED ON THE TIME REQUIRED TO CORRECT THE VIOLATION.     FINE AMOUNT:  $100.00

FORTH NOTICE:
A forth and final notice will be sent to the resident or homeowner on the next working day after the third notice time period has expired.  This notice will draw to the attention of the resident or homeowner that they are being issued this Forth and Final notice of violation and that an additional fine is being imposed with this notice for non-compliance with the Third Notice.  If the associated fine is paid, but the violation is not corrected, an additional fine of $50.00 will be added every 10 days to the maximum of $5,000.00.  When the fine accumulates to an aggregate amount of $5,000.00 the Association will proceed with litigation to collect such fine.  If no response is received from this notice, this matter will be referred to the Associations Attorney and or collection agency for necessary legal action.  Privileges associated with the Associations documents will be suspended until such time that the violation is resolved and all fees are paid associated with this violation including attorney and collection agency fees.

ADDITIONAL TIME PERMITTED FOR CORRECTION:  10-DAYSEXTENSION OF TIME CAN BE GRANTED BASED ON THE TIME REQUIRED TO CORRECT THE VIOLATION.     FINE AMOUNT:  $100.00

APPEAL PROCESS:
You as a resident or homeowner may appeal any notice of violation to the Board of Directors of the Payson Pines Homeowners Association, and they in turn will review the appeal submitted for review.  All appeal requests must be in writing stating why you are in dispute with the Notice of violation.  The appeal must be submitted to the Board of Directors no more than 3-days after the last notice received for the violation and a hearing date will be established with all parties pertaining to the violation as soon as possible.

(Fine Schedule for Violation approved and amended by the HOA Board of Directors 1/22/2007)

This page was last updated: October 31, 2009
If you did not receive a copy of the Rules and Regulations  please request a copy by writing to the following address:Payson Pines Homeowners Association, Inc.
2115 North Florence Road
Payson, AZ  85541
Payson Pines Homeowners Association, Inc.
     Payson, AZ